Cappetto's owner held in bad-check case

The owner of one of El Paso's best known Italian restaurants was arrested late Wednesday for allegedly bouncing checks made to vendors, but his attorney said they were mistakenly unpaid due to an accounting error.

El Paso County Jail records show El Paso police arrested Edward Davis Jr., 55, just before midnight Wednesday on a warrant for theft of service between $20 and $500 by check. He was released Thursday morning after posting a $1,000 bond.

A spokesman for the El Paso County Attorney's Office said more charges may be pending against Davis. In all, he is accused of writing about $2,400 in "hot checks" to vendors such as Pepsi, a seafood supplier and a music royalties company.

Asked to comment about his arrest Thursday, Davis said, "I don't have anything to say about it."

Davis referred questions to his attorney, Randolph Ortega, who said he was confident the case will be "successfully resolved in Mr. Davis' favor."

Davis closed Cappetto's on Montana Avenue in October, but recently announced he will manage the new Cappetto's opening in the Cincinnati Entertainment District. Ortega said that after Davis closed Cappetto's on Montana, Davis made sure all of his outstanding debt was accounted for.

"Somehow these checks made from a bank account that was shut down were overlooked, but it was not anything intentional," Ortega said. "There was no theft that occurred."

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According to county tax records, Cappetto's parent company, Alice Davis Enterprises Inc., has federal tax liens totaling more than $140,000. The notice of the lien was posted Sept. 18.

In 2007, Alice Davis Enterprises filed for Chapter 11 bankruptcy protection, largely over a $1.1 million state tax bill, according to U.S. Bankruptcy Court records. The filing was dropped that year after the company reached a payment plan with the state comptroller.

A court date for Davis is pending in County Court-at-Law No. 2.

Adriana M. Chávez may be reached at achavez@elpasotimes.com; 546-6117. Follow her on Twitter @AChavezEPTimes